LAGANDEO RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appeals are against the judgment of conviction dated 5.7.2005 of the 1st Additional Sessions Judge, Vaishali at Hajipur passed in Sessions Trial No. 427 of 2001 whereby each of the eight appellants has been convicted under Ss. 304(B)/34 and 201/34 of the Indian Penal Code and respectively sentenced to undergo R.I. for ten years and R.I. for five years.

(2.) The prosecution commenced with the fardbeyan of the informant Bishwanath Rai who came to Lalganj P.S. on 5.5.2000 at 3 P.M. along with his brothers and nephew and stated that he (informant) had married his daughter Meera Devi (deceased) aged about 25 years to the appellants Lagandev Rai in the month of Jyestha in the year 1995 and he had given in gift Rs. 25,000.00 and clothes etc. at the time of marriage and that after marriage his daughter (deceased) started living in her Sasural house. Thereafter, he (informant) further alleged the accused persons/appellants started demanding a cash of Rs. 25,000.00 for purchasing a tempo. He replied that he had no money with him hence, he was unable to fulfill the demand and that whatever was available he had already given to them at the time of marriage. He further alleged that due to non-fulfillment of the demand the accused persons/appellants started torturing and harassing his daughter (deceased). He stated that in that context a case had also been instituted earlier at Lalganj P. S. The informant further stated that that day (5.5.2000) at 2 P.M. Vinay Rai (not examined) came to his house and informed that the accused persons/appellants had killed his (informant) daughter that day at 10 A.M. by burning her with K.oil. Learning this he (informant) along with his co-villagers went to bank of river in village Balua Basanta and he found that the dead body was being burnt. He also stated that the in-laws of the deceased had absconded from deceased's Sasural house. The informant claimed that due to non-fulfillment of demand of dowry the accused persons/appellants killed his daughter by setting her on fire and cremated the dead body. On the basis of fardbeyan, F.I.R. for the offences under Ss. 304(B)/34 and 201/34 of the Indian Penal Code was instituted and investigation commenced. On completion of the investigation, charge sheet was submitted and the accused persons/appellants were put on trial. On conclusion of the trial they have been convicted and sentenced as above.

(3.) As many as 14 witnesses were examined by the prosecution and a defence witness Indradev Rai was also examined by the defence.